Whitwell v. Spiker
Supreme Court of Missouri
Appeal from Jasper Circuit Court.—Hon. D. E. Blair, Judge. (1) (a) Adverse possession not only bars action, but confers title. Kirton v. Bull, 168 Mo. 622.. (b) Adverse possession is the act of holding possession claiming the right to do so against one having a superior right or title. St. Louis v. Priest, 103 Mo. 652; Ivy v. Young, 129 Mo. 501. (c) Adverse possession with the owner’s knowledge and acquiescence need not be open and notorious.
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Appeal from Jasper Circuit Court.—Hon. D. E. Blair, Judge. (1) (a) Adverse possession not only bars action, but confers title. Kirton v. Bull, 168 Mo. 622.. (b) Adverse possession is the act of holding possession claiming the right to do so against one having a superior right or title. St. Louis v. Priest, 103 Mo. 652; Ivy v. Young, 129 Mo. 501. (c) Adverse possession with the owner’s knowledge and acquiescence need not be open and notorious. Dausch v. Crane, 109 Mo. 323. (d) The open and notorious adverse possession for the statutory period operates to convey as complete a title as by deed.…
1Opinion of the Court
BROWN, C.
Ejectment to recover a strip of land in Jasper county bounded in the petition as follows: ^‘Beginning at a point four hundred and eighty-eight and five-tenths feet north and twenty-one and three-.tenths feet east of the southwest corner of the southwest quarter of the southwest quarter of section thirty, in township twenty-eight of range thirty-two in Jasper county, Missouri, thence east one hundred and eighty-six and seven-tenths feet, thence north twenty-nine and nine-tenths feet, thence west one hundred and eighty-six and seven-tenths feet, thence south twenty-nine and nine-tenths…
2Cases cited9 opinions
- Taylor v. ZeppSupreme Court of Missouri · 1851
- Hostetter v. Los Angeles Terminal Railway Co.California Supreme Court · 1895
- Whitehead v. RaganSupreme Court of Missouri · 1891
- Hall v. ShotwellCalifornia Supreme Court · 1885
- Ellis v. . HarrisSupreme Court of North Carolina · 1890
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3Cited by4 opinions
- Mathews v. O'DonnellSupreme Court of Missouri · 1921
- City of Warsaw v. SwearnginSupreme Court of Missouri · 1956
- City of Marshfield v. HaggardMissouri Court of Appeals · 1957
- Mathews v. O'DonnellSupreme Court of Missouri · 1921